What constitutes publication?

• A. When one or more copies are distributed to the public by sale, rental, lease, lending
• B. When the author posts it online
• C. When it is displayed in a gallery
• D. When it is stored in a private archive

Answer: (A)

Publication is the act of distributing copies of a work to the public. In copyright terms, publication occurs when copies or phonorecords are released to the public by sale, rental, lease, lending, or any transfer of ownership. This is the moment the work is made publicly available and the rights associated with it begin to flow.

The option that fits this definition is the one describing distribution to the public by sale, rental, lease, or lending. Those actions involve handing over copies to others who can access the work, which is exactly what publication entails.

Displaying a work in a gallery or storing it in a private archive does not involve distributing copies to the public, so they aren’t publication. Online posting can raise publication questions in some contexts, but the standard, straightforward understanding is that publication centers on distributing copies to the public, not merely displaying or privately archiving the work.